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HomeMy WebLinkAboutNotice PLANNER 1/20/2004 ,~ ., r ! '. . klo-o4- Date Reeelved:- rrT-J Planner: '-.J ~ Ill' lf~ WDfkUJfj. . d7~ /~A<! CITY OF SPR~~IEL6 NOTICE OF DECISION - SERIAL PROPERTY LINE ADJUSTMENT Date 0 Planning Case N urn ber SUB2003-00049 Owners: Applicant: Surveyor: Norman & Melvin McDougal Wiley Mtn.lLeeLynn Inc. P.O. Box 518 Creswell, OR 97426 Mike Evans Land Planning Consultants 1071 Harlow Road Springfield, OR 97477 Larry Olson PLS Olson & Morris 1410 Oak Street Eugene, OR 97401 Todd Alberts Alberts Development PO Box 10545 Eugene, OR 97440 rU.e.# - ./ Lf_' . ~ ~5 f /2t2Vt 51 t';u~ )). sc-,<,s~ cP /c/k I#; k EU#? s ~.----J / ,kOA</' t ~ I Description of Proposal / (' The applicant has submitted a Serial Property Line Adjustment Application to reconfigure six existing parcels: Tax Lot 300 on Lane County Assessor's Map#18-02-04-ll, Tax Lot 303 on Lane County \ Assessor's Map#18-02-03, Tax Lots II DO, 110 I, 1102 on Lane County Assessor's Map#17-02-34-34, ~. and Tax Lot 602 on Lane County Assessor's Map#17-02-34-43. The neteffect of the 5 step adjustment is to reconfigl!re existjng parcels to comport with phasing plans for the development of the site under MountainGate Master Plan Approval, City of Springfield File #1995- 02-0039 and Tentative Subdivision Approvals No(s) 2001-04-0087 and 2002-02-0035. The 300+ acre_site is located south of Main/OR 126 at 63" Street, between 57'h and 67'h Streets, in Springfield, Oregon. All the prope11y is zoned or designated Low Density Residential (LOR), consistent with the City of Springfield Zoning Map and the Metro Plan Diaphrarn. Properties to the north, west and east are also zoned and designated LOR. The northerly portion of the site abuts Main Street, and is under construction of public improvements required by MountainGate Phase I and 2 tentative subdivision approvals. The easterly portion of the site has frontage on 67,h Street, the southerly portion abuts the Weyerbaeuser Road and the westerly portion of the site has frontage on 57'h Street. No perimeter boundaries change as a result \ of this proposal. '----- Decision Preliminary Approval, with conditio s, as of the date of this letter. Review Process This application is reviewed under Type II procedures listed in Springfield Development Code Section 3.080 and the property line adjustment criteria of approval in Section 33.060. Serial Property Line Adjustment SUB2003-00049 MountainGatelLand Planning Consultants . . Procedural Finding: Applications for Limited Land Use.oecisions require the notification of property owners/occupants within 100 feet of the subject property allowing for a 14 day comment period on the application (SDC Sections 3.080 and 14.030). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy oflhis decision for consideration (See Written Comments bel~w and Appeals at the end of this decision.) Procedural Finding: On November 25,2003, the City's Development Review Committee reviewed the proposed plans (Olson & Morris, 5 sheets, date of survey May 8, 2003) and supporting information. City staffs review comments have been reduced to findings and conditions only as necessary for compliance with the approval criteria ofSC 33.060. Procedural Finding: Portions of the proposal approved as submitted cannot be substantively changed during filing without an approved decision modification application. PUBLIC COMMENTS: Procedural Finding: In accordance with SDC Sections 3.080 and 14.030, public notice was sent to owner/occupants within 100 feet of the subject site on November 18, 2003. No letters were received during the 14 day notice period. APPLICANT SUBMITTALS: The Proposal: This proposed Serial Property Line Adjustment consists of five (5) sequential property line adjustments designed to establish parcel configurations that will promote patterns for development of the properties according to the MountainGate Master Plan. This serial property line adjustment will result in parcels to designate Phases I and II of the MountainGate Development, future development phases and two areas to be deeded to Willamalane Parks and Recreation as park and open space. The Sequence of Proposed Adjustments: Property line adjustment #1 (l of 5). This property line adjustment is designed to have the property line of tax lot 300 fit general boundaries for future phases of development and open space (park) areas according to the MotintainGate Master Plan. The existirig area of tax lot 300 is 0.63 acres and the proposed adjusted area will be 125.89 acres. For tax lot 303 the existing area is 325.26 acres and the proposed adjusted area will be 200.0 acres. . Property line adjustment #2 (2 of 5). ll1is property line adjustment is designed to define tax lot 303 to match the area of the MountainGate proposal that will eventually be designated Parks and Open Space and acquired by Willamalane Park and Recreation. The existing area of tax lot 303 is 200.0 acres and the proposed adjusted area will be 16.51 acres. For tax lot 1101 the existing area is 0.37 acres and the proposed adjusted area will be 183.56 acres. Property line adjustment #3 (3 of 5). This property line adjustment is designed to further adjust tax lot 1101 to define a future phase ofthe proposed MountainGate residential development that is adjacent to approved Phase II. The existing area of tax lot 110 I is 183.86 acres and the proposed adjusted area will be 28.5 acres: For tax lot 1100 the existing area is 0.48 acres and the proposed adjusted area will be 155.83 acres. Seriol Property Une Adjustment SUB2003-00049 2 MountainGatelLand Planning Consultants . . Property line adjustment #4 (4 of 5). This property line adjustment is desih'Iled to further adjust tax lot 1100 to define the general boundary for an area that will be deeded over to Willamalane Parks and Recreation, as Park and Open space zoning. It includes the mountain known as Potato Hill.Of Mountain Park. The existing area of tax lot 1100 is 155.83 acres and the proposed adjusted area will be 60.27 acres. For tax lot 1102 the existing area is 3.18 acres and the proposed adjusted area will be 98.73 acres. Property line adjustment #5 (5 of 5). This property line adjustment is designed to have tax lot 602 define the area approved as Phases I & II bfthe proposed MountainGate residential development. The resulting tax lot .1102 identifies a future phase or phases adjacent to Phase I. The existing area oftax lot 1102 is 98.73 acres and the proposed adjusted area will be 72.28 acres. For tax lot 602 the existing area is 3.16 acres and t.he proposed adjusted area will be 29.62 acres. CRITERIA OF APPROVAL (SDC 33.030) SDC 33.030 States: "The Director shall approve, approve with conditions or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property Line Adjustment shall not:" (1) Create a new lot or parcel Applicant Submittal: No new parcels are created through this serial lot line adjustment. Finding: The applicant is p.roposing to reconfigure 6 existing parcds: Tax Lot 300 on Lane County Assessor's Map#18-02-04-ll, Tax Lot 303 on Lane County Assessor's Map#18-02-03, Tax Lots 1100, 1101, 1102 on Lane County Assessor's Map#17-02-34-34, and Tax Lot 602 on Lane County Assessor's Map#17-02-34-43. Staff concurs with the applicant's finding; the configuration will not create any new parcels. . Conclusion: This proposal satisfies Criterion I. (2) Create a landlocked lot or parcel Applicant Submittal: Adjusted tax lots 1100 and 303 that will be deeded to Willamalane and adjusted tax lot 110 I will be landlocked initially, but access will be provided to it via public roads and access easements as MountainGate is developed according to the approved Master Plan. If deemed appropriate by the City, a temporary access easement could be established for these parcels. Finding: TIle proposed Serial Property Line Adjustment creates three landlocked parcels on propet1y that is zoned and designated for residential development accordmg to the CIty ot Springfield Zoning Diagram and the Metro Plan. .--- f(tinding: The land lock.ed parcels proposed are on property approved for residential and park uses in . accordan. ce with the MountainGate Master Plan (May 13, 1998). Master Plan approval assures available services and code provisions to guide subsequent phases of development, but does not guarantee development. . Finding: The Master Plan approval did not address temporary access easements for individual parcels, therefore the current access standards of Springfield Development Code Article 16, Residential Districts must be applied to provide access to the landlocked parcels. Serial Property Un. Adjustment SUB2003-00049 3 MountainGatelLand Planning Consultants . . /- [Finding: SDC Section 16.030 allows private access provisions instead of direct access to public rights of way when an approved development plan exists, the easements are not substitutes for future public streets shown on the Conceptual Local Street Plan, ana the minimum lot sizes of SDC Article 29 are maintained on lands outside the City limits. . ~inding: The applicant submitted a draft easement document subsequent to the original application infomlation (December 17,2003). The easement includes blanket provisions for vehicle and utility access, natural drainage, maintenance and a sunset clause. The draft proposal does not include final descriptions and exhibits. ~ . :"..... --- Finding: Access to Tax Lots] 100, ] 10 I, and 303 can be provided by private easements in accordance with SDC Article 16 because there is an approved devel.QQm~nLp]an_(Master.l'lilll), dedication of public rights of way shown on the Conceptual Local Street Plan will be required in accordance with Articles 16 or 37 prior to further development of proposed parcels, and proposed parcel sizes satisfy the minimum' requirements of the Springfield Development Code (see Criterion 3, below). . Conclusion: As proposed; Tax Lots 300, 602 and 1102 will have direct access to public rights of way; Tax Lots 1100, 110 I and 303 require an approved access easement to comply with SDC Article] 6. TIle proposal complies with this criterion subject to the following condition: Condition I: Prior to Final Approval the applicant shall submit a revised access. and utility easement for review and approval by the City. The revised easement must, at a minimum, address the following: ~ . Specifically address the provision of sanitary, stoml, and all other public utilities, . . ~ Include all exhibits referenced in the document, ---y. Show location and dimension of existing roads on an exhibit;- 7. Specifically address maintenance,- . -;Po Revise sunset clause'to address vacation or relocation of any existing easement or portion thereof; The approved easemen.t document shall be filed concurrently with the final plans. (3) Reduce an existing lot or parcel below the minimum size standard or reduce setbacks below the minimum estahlished by the applicable zoning districts in the SDC (APPlicant Sub';littal: This serial lot lin'e adjustment will. actually bring several non-conforming lots into {comPliance with established lot size standards in the Springfield Development Code. Finding: There are no existing structures on the subject site, therefore setback provisions do not apply. . Finding: The mi~imum lot size and dimension standards of ~HillSide Development Overlay District V (HOO) are 10,000 square feet of area?,'d 90 feet offrontage, minimum lot size of the Urban Fringe Overlay District (UF-lO) is lOacres.(~ (~~:r- l-n. t<,+-s. ~) Finding: The proposed Serial Property Line Adjustment will result in the following lot sizes and street frontages, which comply with the above referenced standard: Serial Property Une Adjustment SUB2003-00049 4 MountoinGotefLand Planning Consultants . . Existing Lot Size Proposed Lot Size Existing Street Fronta 'e Proposed Street Frontage Tax Lot 300 303 , , 210.2lHm Main Street 132. on' n reet / 602 ) 100 1101 1102 / Conclusion: This proposal satisfies Criterion 3. (4) Violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved in the application Applicant Submittal: There are no previous conditions imposed on the subject lots that will be violated by this serial lot line adjustment. It is consistent with the phasing of development and creation of public open space areas approved by the MountainGate Masterplan,. Finding: Staff concurs with the applicant. Conclusion: This proposal satisfies Criterion 4,. (5) Detrimentally alter the availability of existing public and/or private utilities to cach lot or parcel in the application or to abutting lots or parcels Applicant Submittal: This serial lot line adjustment will not impede the provision of public and private services as progression of the MountainGate Development will allow utilities to extend to each proposed developable parcel. Finding: The City Transportation Planning Engineer and Public Works Engineer reviewed the proposal and determined the Serial Property Line Adjustment would not alter the availability of existi"ng public or private utilities to the subject parcels or to abutting parcels because all utilities exist along the perimeter of the site and can be exte. nded via the approved Ma'jler Plan QJ.reo::tJ ease~ents(?- '- &,.14<.;;;;" ... tff. 1:>1~LI.A.f>~'b ~"..<. I .AN ~r {i" /"'.j,.... M--I .~ m~ /14sl:J.<<A 1iLf1M/~ Conclusion: This proposal satisfies Criterion' 5. (j , , (6) Increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at the time of application Applicant Submitttal: This serial lot line adjustment will actually bring four (4) non-confonning lots (Tax Lots 300, 11 DO, 110 I, and 1102) into conformance with the existing Springfield Development Code. Finding: Conclusion: This proposal satisfies Criterion 6. Serial Property Line Adjustment SUB2003-00049 5 MountoinGatelLand Planning Consultants . . What Needs To Be Done? ~;~ (2) (3) (4) (5) (6) Prior to Final Approval the applicant shall submit a revised access and utility easement for review and approval by the City. The revised easement must, at a minimum address the following issues: . Specifically address the provision of sanitary, stoml, and all other public utilities, . Include all exhibits referenced in the document, . Show location and dimension of existing roads on an exhibit, . Specifically address maintenance, . Revise sunset clause to address vacation or relocation of any existing easement or portion thereof; . The approved easement document shall be filed concurrently with the final plans. A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.01O(7)(b), ORS 92.060(3) and ORS 209.250. One copy of the Final Survey shall be delivered to the Development Service Depaltment together with any conditioned documents. Once the Director and City Surveyor have certified all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Su.rveyor's Office. The owners of the lots or parcels included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall contain the names of the parties, the description of the adjusted line, reference to original recorded documents and signatures of all parties with proper acknowledgnlent. The Property Line Adjustment deeds shall also identify the Planning file number, SUB2003-00049, and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents that may have been required as a condition of approval. . Additional Information The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeal, This Type II Serial Property Line Adjustment decision is considered a decision of the Director and as such may be appealed to the Planning Commission. The appeal may be filed' with the Development , Services Department by an affected party. The appeal must be in accordance with SDC, Article 15, Serial Property Une Adjusunent SUB2003-00049 6 MountainGatelLand Planning Consultants . . . , , " Appeals. An Appeals application must be submitted to the City with a fee of $250.00. TIle fee will be returned to the appellant ifthe Planning Commission approves the appeal application. In accordance with SDC 15.020 which provides for a lO-day appeal period and Oregon Rules of Civil Procedures, Rule lO(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m. on February 6'", 2004. Questions Please call Jim Donovan in the Planning Division of the Development Services D.epartment at (541) 736- 3660 if you have any questions regarding this process. Prepared By James P. Donovan Planner 11 Serial Property Une Adjustment SUB2003-00049 7 MountainGatelLond Planning Consultants =..,. . . 1:L-r]/o3 68~,lv'd'f - (7- ~ Planner~ ::fD-----A I Df 3 p~ After recording return to: DECLARA nON OF EASEMENT Parties: LeeLynn, Inc. and Wiley Mt., Inc. (LlW), and Alberts Development, LLC (Alberts) LlW and Alberts (Declarants) own six parcels of real property in the MountainGate Development in Springfield, Oregon, described on Exhibit "A" (property) and re/lected on the map marked Exhibit "B", and make tltis Declaratiou to create easements for temporary and emergency access over existing roads ou the Property, together with necessary sanitary, storm, and other utility easements. Declarants hereby grant temporary easements for vehicle access along existing roads within Parcels I, 2, 3 and 4 to benefit parcels I through 6. Declarants also grant easements for storm drainage within existing open water drainage channels and for public utilities necessary to serve parcels I throngh 6. LlW shall designate tile location of easements prior to their being installed. The owner of each parcel shall maintain easements existing within the parcel owned. When subdivision plats arc recorded upon the respective parcels the easements created by this document shall expire as to that parcel. All easements created by this document will terminate when snbdivision plats for Parcels 1,2,3 and 4 or portions of each parcel have been recorded. Date: December _' 2003 . LEEL YNN, INC. By: WILEY MT., INC. By: ALBERTS DEVELOPMENT, LLC By: . . ST ATE OF OREGON ) )ss. County of Lane ) The foregoing instmment was acknowledged before me this _ day of December, 2003, by Melvin L. McDougal as member of LeeLynn, Inc. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) )ss. County of Lane The foregoing instmment was acknowledged before me this _ day of December, 2003, by Norman N. McDougal as member of Wiley MI., Inc. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) County of Lane )ss. The foregoing instnllllent was acknowledged before me this _ day of December, 2003, by Todd M. Alberts as member of Alberts Development,. LLC. 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